Functions of Commercial Litigation Attorneys
Any time you have disagreements between you and your business partners, or in the course of your business, you need to seek the services of a commercial litigation attorney. They specialize in the branch of business law which is litigation law. There are highly sought after whenever a case comes up that involves the violation of contracts, or disputes have arisen between business partners, or even with their shareholders. This type of law is also getting more use in an area called collections. Through them, you shall be able to start legal proceedings, in which they become part of the collection process when assets or bumped up wages are attached. They find their use for either plaintiffs or defendants. Rarely do they perform other transactional duties, such as submission of trademark registrations, or incorporation of businesses.
Many legal issues need the attention of litigation attorneys. You will find them in the middle of many cases, such as contractual agreements, and even multifaceted real estate disagreements. Litigation attorneys rarely do other jobs, not even those that are under business law. They will not do anything for other business law branches. In case someone approached a law firm which did not have a commercial law specialist within its ranks, would usually direct the client to another firm with the suitable professionals present.
A commercial litigation lawyer who has been practicing for a great while will have amassed considerable experience being a trial lawyer. In normal circumstances, they try and get those disputes settled out of court. If this does not happen, then they will combine their considerable experience arguing in court with the present proof to try and win the case there. In their normal daily operations, they shall prepare for a case, then argue it in court, and if unsuccessful, file an appeal. Some attorneys charge large fees on an hourly basis, or a flat fee for their services, depending on the kind of case in question.
Sometimes, these lawyers will take legal malpractice cases for either a defendant or a plaintiff. In such cases, it is the task of the petitioner to prove to the court that their previous lawyer in their case was not diligent enough in their duties and services. They have to show that as a result of such negligence, they suffered harm. It is not enough for there to be the harm suffered. They have to go further and show that has it not been for their lawyer, they would have succeeded in that case. Cases that concern legal malpractice are under the category of commercial litigation, as the lawyer being put on trial has provided legal services to the petitioner, which qualifies as a business.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.